POTHUREDDI SUBBAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition to issue a writ of quo warranto calling upon the respondents to show by what legal authority respondents 4 to 35 claim to be the Councillors of the Tenali Municipal Council.

(2.) The Municipal town of Tenali has been divided into 28 words which could return 32 members, four being reserved seats. Elections were held to this Municipality on the 26th June, 1956, at which respondents 4 to 35 were elected, respondents 4 to 12 being unopposed and the rest contested. By a notification, dated 29th April, 1956, issued by the Government the voting strength as well as territorial distribution of the Municipality was altered. On the 14th May, 1956, the dates for nominations were fixed as the 22nd, 23rd and 25th May, 1956, the date of election as the 26th June, 1956. The petitioner, claiming to be a voter and one interested in the Municipal administration, has brought this petition challenging the validity of the election of respondents 4 to 35 on grounds that the Municipality was not consulted before the issue of notification, dated 29th April, 1956, that there was no publication of the electoral rolls or a notification calling for claims and objections. To this petition, are impleaded the State Government, the Municipality, the Revenue Divisional Officer who held the elections and all the candidates, who were duly elected to the Municipally, as respondents 1 to 35 respectively.

(3.) This petition is opposed inter alia on the grounds that the Municipally Council was consulted before the alteration of the voting strength and the re-division of wards and that the electoral rolls were published as required by the relevant provisions of the Madras District Municipalities Act (Act V of 1920).